Legal Question in Personal Injury in California

My son was in a fender bender. He was backing out of the driveway at home. His sister's friend was picking her up. The friend pulled up next to the curb and kept going, stopping her car appox 1/2 in front of our driveway (she didn't park, she was stopped with the car idling). My husband's car was parked next to my son's car. My son didn't see the friend's car was partially blocking the driveway. His car has no damage. The friend's car has minor damage. Who's at fault? Him for not seeing her? Her for blocking the driveway partially? Both...50/50? Any idea how the insurance would handle this? Thanks for any info you can give.


Asked on 3/22/11, 10:25 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It may be best not to have the insurance companies involved. Is the damage to her car no greater than her deductible? If the accident is reported one driver might be found more than 50% at fault and get a point against them, which may cost more than the vehicle damage.

Both drivers have fault but it is a guess as to the percentage. She violated the law by blocking a driving and was negligent as she placed her vehicle where she could not see if she was safely parked. He is not supposed to back up without being able to tell if there was any vehicle behind him. She probably has somewhat more fault than he, but if there are two different insurance carrier involved each could assess their own driver 50%+ fault and each gets a point on their record.

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Answered on 3/23/11, 9:45 pm


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